There are many concepts in modern law. Among them is a “young child”, as well as a “minor”. These terms are similar in meaning, but have differences. At what age does a young child have a similar status? Under Russian law - up to 14 years old, and from 14 to 18 years old - minors. It turns out that from 6 to 14 years old - minors.
These categories of citizens have rights and obligations that are protected by law. They can use medical services, get an education, develop, relax. Until the age of 18, the responsibility for their actions lies with the parents. Only after the age of majority a citizen is responsible for his actions, and also ensures the rights.
Who is called a child?
The term “child” exists in law. They are considered to be a person under 18 years old. It turns out that a person from birth to this period will be a child. He is vested with rights and obligations depending on his status. But in some cases, a citizen is not recognized as a child under 18 years of age.
When emancipation is included in the Civil Code, a person of 16 years old is considered capable if he is employed under an employment contract with the consent of his parents. An exception is marriage up to 18 years. The legal capacity of minors is recorded in Art. 28 of the Civil Code of the Russian Federation.
Categories of children
Minors and minors are children under 18 years of age. These categories of citizens have their own rights. The concept of "underage" implies the age from birth to 14 years. His rights and obligations are included in various legislative documents. A child from 14 to 18 years old is considered a minor.
These categories of individuals may have different rights and obligations. Until the age of 14, the child is declared legally incompetent, and therefore parents are responsible for it. After this age, partial legal capacity appears, therefore, small transactions can be concluded, and from 18 absolute legal capacity begins.
Basic rights
The Family Code of the Russian Federation includes all the rights of young children, which must be respected. The main thing is the need for the life of all children in the family. The child has the right to parenting, protection of interests, development, respect. If there is no mom and dad, then the legal representative of the young child performs their function. It may be a guardian, a body of guardianship.
There is a child’s right to communicate with parents. No one can forbid him to see relatives. This also applies to cases of divorce of parents. The child is protected from abuse by relatives.
The right to a name, patronymic, last name is important. Changing these data until the age of 14 is possible only with the consent of the parents. If the minor is 10 years old, then such information is changed only with his consent. He can express his opinion on the issue that concerns him, therefore he is invited to be heard in court.
When a violation of the interests of the child occurs , he can turn to the guardianship authorities, and from the age of 14 - to the court. This also applies to cases of non-fulfillment by parents of their obligations, abuse of their rights, improper performance of education. A minor has the right to protection from information that is harmful to health and moral development.
There are separate rights regarding child labor. You cannot work until the age of 14, and after reaching this age only partially, but if desired and with the consent of the parents. At the same time, work is prohibited on weekends, at night. Work should be able to.
Property interests
To what age is a young child entitled to provision from parents? Mother and father must provide him financially up to 18 years. Upon divorce, alimony is paid, and after the death of at least one of the parents - a pension. Benefits are also provided, while any income is spent on all the necessities for the child.
The court, on the basis of the requirement of the parent who pays the alimony, can decide to deposit funds no more than half the amount of the alimony to the child’s accounts. He can receive income, property as a gift or by inheritance. The child does not have the right of ownership of the property of the parents, since it is used by consent.
Education
This is ensured by the Constitution, as well as federal documents. The right to education is one of the main, therefore children are accepted in educational and upbringing institutions. It is important that all interests are respected:
- education based on accepted standards;
- quick course of study;
- free use by libraries and other information sources;
- receiving additional education;
- participation in the management of educational institutions;
- obtaining a basic general education in their own language;
- transfer to another institution with the consent of the parents;
- leaving the institution with the consent of the parents;
- continuing education;
- choice of form of education.
To what age should a young child be educated? There is no specific time period, but basic general education is an obligatory minimum . The rest is optional. The legal status of children allows you to get a secondary full education for free. There is a charge for pre-school education. Secondary vocational and higher education may be paid and free.
Medical services
In the field of health, minors are provided with the following benefits:
- treatment in the dispensary;
- medical and social assistance;
- sanitary education;
- getting health information.
At what age does a young child receive medical care with parental consent? This occurs up to 14 years. And from 15 to 18 years old, children can agree to intervene in the health of doctors, as well as refuse it.
Rest and Wellness
The child can relax in summer health facilities. Parents purchase a ticket themselves, and then apply for compensation for the amount spent. Each entity has its own payment percent. The state provides subsidies for:
- vouchers for recovery;
- food for children in the camps;
- travel by transport.
Parents should apply to the local authorities to compensate for such expenses. In many cases, at least part of the funds can be returned.
Staying at night
There is a ban on children staying at night in public places:
- on the streets;
- in stadiums;
- in parks;
- in the squares;
- in public transport.
They are also prohibited from appearing in places of public catering and in the sphere of trade. They can only appear there with their parents or other senior persons. Night time for children starts at 10 p.m. and ends at 6 p.m. In each subject, residence time may vary depending on the season and the hazard of the region.
Legal capacity of minors
The legal capacity of minors is stated in Art. 28 of the Civil Code of the Russian Federation. This term implies independent actions in the conclusion of transactions. If not yet 14 years old, then similar things are done with adults. From 6 to 14 years old, children have the right to perform the following actions:
- small deals;
- actions for gratuitous benefits;
- money management with parental consent.
Legal capacity from 14 to 18 years
Children 14-18 years old already have some civic independence. They can manage their personal income: salary, scholarship, and this does not require parental consent. The same applies to the opening of bank accounts and deposits, the implementation of copyrights, small transactions.
But still, legal capacity is not yet complete. They cannot enter into marriage without parental consent, as well as enter into major transactions, for example, the purchase of real estate. They are responsible for this themselves. Until the age of 18, a child may not participate in elections, as well as drive vehicles or hold office. Similar rules are enshrined in law.
Payments for minors
A family with minors has the right to use state benefits. This is required to materially improve family life. The benefits include:
- tax deduction: payments of 1400 rubles per child are required;
- single parents: receive large payments;
- disabled child: payments are due for treatment and maintenance;
- women's employment: for mothers raising children from 3 to 14 years, overtime work, business trips are prohibited;
- Families with many children: if the family has more than 3 children, then a reduction of the rent for 30%, free travel on public transport, bank benefits, etc.
Social benefits are necessary to support the family, improve material comfort.
Minor Accommodation
Children must live with their parents, guardians, adoptive parents. If there are none, then they are in a special children's institution. A child can live separately from carers when treatment occurs. After 14 years, you can independently choose a place of residence, but with the permission of the parents.
When separated, it is important for parents to agree on the place of residence of minors. When this cannot be done peacefully, this is decided by the judiciary. According to Art. 65 of the Family Code, the views of children are taken into account. The court must take into account the interests of the minor, given the following factors:
- personal qualities of parents;
- schedule of their work;
- wealth;
- marital status;
- relationship with the child;
- the presence of other children;
- parental health;
- finding a home from an educational institution;
- opinion of a child older than 10 years.
The court selects the place of residence for the child with the parent who is able to provide normal conditions for life, education and development. The solution of this issue by agreement is the most favorable way, since it does not harm the juvenile. It is advisable to notarize the document. In the absence of parents, the state assumes all responsibilities. This is regulated by the Family Code of the Russian Federation. And it controls the guardianship authorities.
Adulthood
A person after 18 years of age is recognized as an adult, since he can independently control his rights, fulfill duties, and also be responsible for his actions. It turns out that he becomes capable.
From the age of 18, a citizen has the right to drive a car, get married, get a job, and participate in elections. He also has administrative, criminal, civil liability.
Full legal capacity
Although adulthood means legal capacity, a citizen does not have all the possibilities. For example, suffrage manifests itself only passively: it can elect, but not be elected, because the ballot starts at age 21.
To take part in the presidential election, you must wait 35 years. As a result, full legal capacity appears later. But this applies only to certain areas of life in which a minority is involved.
Adulthood to 18 years
Adulthood is not always defined for years. There are 2 factors in which it occurs earlier:
Although, according to the Family Code, the mating season begins with adulthood, there are still special cases where they can be allowed to marry from the age of 16. Legal capacity comes with official employment or opening your own business.
Therefore, legal capacity is not necessarily established from the age of 18. When assigning this status, many vital factors are taken into account. Depending on this, a citizen acquires rights and obligations.
The observance of the rights of the child is monitored by guardianship authorities. If there are any violations on the part of parents or other persons, then employees can turn to a court or prosecutor's office. That is how the interests of the child are respected.